Sunday, November 17, 2019

Prison Contracts/Confusion

According to public reports, a contract signed by Bradley and Drew Counties in 2018 with a private company to house local inmates, likely did not follow the states competitive bidding laws when the document was signed.  At the time the two counties were contracting for local jail bed space.  Plans, as stated at the time, called for a private firm to build a prison for state inmates, and then allow the two counties to contract for a designated number of beds for local inmates.  Questions have been asked about the process being used to enter an agreement with a private company and the issue of local governments being limited to one year contracts for services.

Now, according to information provided by the State Department of Corrections and confirmed by county officials, the State does not plan on having an agreement with any private firm, but plans to contract with the two counties to hold some five hundred state prisoners.  The counties will then contract with the private firm to hold the state prisoners and the local inmates.  No explanation has been given as to why the state will not contract directly with a private company to house their prisoners and let the counties contract for theirs.  The effect of such an arrangement means the counties will be  responsible for the 500 state prisoners from a governmental standpoint in dealing with the private company. 

It has been stated the private company will create some 100 jobs.  That would not change should the state contract for their prisoners directly.  It should be noted the state could legally contract with the private firm according to the Department of Corrections. 

The endeavor is being referred to as a regional jail, by State Representative Jeff Wardlaw and others.   It is in reality proposed as a privately owned and operated prison.  A true regional jail would be owned by and/or operated by local governmental entities, such as cities and counties or the State of Arkansas.

According to Monticellolive, the matter was discussed at the Drew County Quorum Court meeting Monday night, October 21st.  Secretary Wendy Kelly of the Department of Corrections was present.  The matter was not on the agenda for the Bradley County Quorum Court meeting held the same evening.  Judge McKinney and the Quorum Court were asked during the public comment section of the agenda about the status of the project.  They were specifically questioned as to why the State of Arkansas is not proposing to contract directly with the private firm that is planning to build and operate the prison.  The proposal, as made public by the State, is for the Department of Corrections to contract all state prisoners to the county or counties.  Two Bradley County Justices stated they knew very little to nothing as to what is going on.  Judge Mckinney stated he has made no comments on the proposal and nothing is agreed to until the Quorum Court approves a contract.

It now appears there is a battle going on between the two counties as to where the new privately- owned prison will be constructed.  Both want it for the tax revenue as long as it is financed conventionally, meaning by a private lending institution.

Quorum Court members in both counties are complaining that they are uninformed.  The two largest questions are:  why is the state contracting their 500 state prisoners with the counties and not directly with the private company and why state procurement laws have not been followed to date?

Information has been made available to SRC that legal opinions are being sought relating to the procurement issue.

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